WPSB/119/2023
2023 Latest Caselaw 937 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL


         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
             THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA




              WRIT PETITION (S/B) NO. 119 OF 2023


                             6TH APRIL, 2023

Between:


Shyam Arya                                  ......          Petitioner


and


State of Uttarakhand & others               ......         Respondents


Counsel for the petitioner       :   Dr. Kartikey Hari Gupta with Ms.
                                     Pallavi Bahuguna, Mr. Rafat Munir
                                     Ali and Ms. Irum Zeba, learned
                                     counsels

Counsel for the respondents      :   Mr.    Pradeep    Joshi,  learned
                                     Additional Chief Standing Counsel
                                     for the State of Uttarakhand /
                                     respondents


The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)


             The petitioner is a public servant. The reliefs

sought in the present petition are the following :-


      "i)    Issue a writ, order or direction in the nature of
             mandamus directing the respondent No. 1 /
             Disciplinary       Authority      to     provide        an
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            opportunity of hearing to the petitioner in the
            proceedings of charge-sheet dated 25.08.2021
            (Annexure No. 5).

     ii)    Issue a writ, order or direction in the nature of
            mandamus directing the respondent No. 1 to
            conclude     the    proceedings    of   charge-sheet
            dated      25.08.2021       in    accordance    with
            provisions     of       Uttarakhand     Government
            Servant (Discipline and Appeal) Rules, 2003.

     iii)   A writ, order or direction in the nature of
            certiorari calling for records and quash the
            money recovery recommendation vide letter
            dated 31.12.2022 (Annexure No. 11)."


2)          Dr. Gupta submits that the third relief would

not be open to adjudication by the Tribunal, since

recommendation for recovery of Rs.8,42,189.90 against

the petitioner, contained in the letter dated 31.12.2022,

issued by the District Magistrate, Udham Singh Nagar, is

not an order passed against the petitioner. He submits

that this recommendation has been made ex parte

behind the petitioner's back, and without notice to him,

while enquiring into the complaint against one Heera

Ballabh Joshi.      At the same time, he submits that the

Enquiry Officer has made the report, forwarded to the

petitioner vide letter dated 27.03.2023, which has also
                                  3




found      the    aforesaid   amount   recoverable    from   the

petitioner.


3)           Since the enquiry report against the petitioner

finds aforesaid amount recoverable from the petitioner,

it is open to the petitioner to take appropriate steps in

relation     to    the    said   enquiry   report   before   the

Uttarakhand Public Services Tribunal.


4)           We are, therefore, not inclined to entertain the

present petition.        We, however, make it clear that the

aforesaid observations should not be construed as a

reflection on the merits of the petitioner's claim, one

way or another.


5)           Petition stands disposed of in the aforesaid

terms.



                                           ________________
                                           VIPIN SANGHI, C.J.



                                       _________________
                                       ALOK KUMAR VERMA, J.

Dt: 6th APRIL, 2023 Negi